Connecticut General Statutes 20-404 – Disciplinary action; grounds
(a) The department may suspend or revoke the license of a hearing instrument specialist, after notice and hearing as provided in the regulations adopted by the commissioner, or may reprimand or take any of the actions set forth in section 19a-17, for any of the following causes:
Terms Used In Connecticut General Statutes 20-404
- Audiologist: means a person who is licensed under sections 20-395a to 20-395g, inclusive, as an audiologist. See Connecticut General Statutes 20-396
- Commissioner: means the Commissioner of Public Health. See Connecticut General Statutes 20-396
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Public Health. See Connecticut General Statutes 20-396
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Hearing aid: means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing, and any parts, attachments or accessories, excluding batteries, earmolds and cords. See Connecticut General Statutes 20-396
- Otolaryngologist: means a physician licensed under chapter 370 who is certified by the American Board of Otolaryngology and includes physicians in training programs approved by the American Board of Otolaryngology. See Connecticut General Statutes 20-396
- sale: means any transfer of title or of the right to use by lease, or any other contract, for a consideration, excluding wholesale transactions with distributors or hearing instrument specialists. See Connecticut General Statutes 20-396
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) The conviction of a crime in the course of professional activities. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of such conviction;
(2) Procuring of a license by fraud or deceit practiced upon the department;
(3) Unethical conduct, including: (A) The obtaining of any fee or the making of any sale by fraud or misrepresentation; (B) knowingly employing directly or indirectly any unlicensed person or any person whose license has been suspended to perform any work covered by this chapter; (C) engaging in fraud or material deception in the course of professional activities;
(4) Incompetence or negligence in fitting or selling hearing aids;
(5) Selling a hearing aid to a person under the age of eighteen without a prior ear examination by an otolaryngologist and an audiological examination performed or supervised by an audiologist;
(6) Fitting or selling a hearing aid to anyone who has a history of ear infection within the previous ninety days without requiring an examination by an otolaryngologist;
(7) Failure to comply with the examination procedures and tests prescribed in the regulations adopted under this chapter;
(8) Failure to properly supervise an individual holding a temporary permit under section 20-400;
(9) Failure to furnish to a person supplied a hearing aid a receipt containing the date of delivery of the hearing aid to such person, the licensee’s signature, business address, license number, serial number of the hearing aid, the model name and model number of the hearing aid, the full terms of sale, including terms of a manufacturer’s and licensee’s warranties and trial period, provided in section 20-402a, and a statement of whether the hearing aid sold is new, used or reconditioned;
(10) Failure to retain for three years from the date of delivery of the hearing aid to the purchaser records containing the name and address of each purchaser of a hearing aid under a sale made by such hearing instrument specialist, a copy of such purchaser’s audiogram and all information required on a receipt under subdivision (9) of this subsection;
(11) Violating any provision of this chapter or of the regulations promulgated thereunder;
(12) Violating any provision of the Food and Drug Administration regulations pertaining to hearing instrument specialists adopted under Title 21, professional and patent labeling and conditions for sale, or any provision of any regulation pertaining to hearing instrument specialists adopted by the Federal Trade Commission;
(13) Physical or mental illness, emotional disorder or loss of motor skill, including, but not limited to, deterioration through the aging process, of the license holder; or
(14) Abuse or excessive use of drugs, including alcohol, narcotics or chemicals.
(b) The commissioner may order a license holder to submit to a reasonable physical or mental examination if the license holder’s physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17.
(c) The Attorney General shall represent the commissioner at all formal hearings held under this chapter.
(d) The department may reissue any license that has been revoked and may modify the suspension of any license that has been suspended.